Ana Kraljevic Law Firm

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Negligent Misrepresentation

Negligent Misrepresentation occurs when a Defendant makes a careless representation that is untrue. In order to prove Negligent Misrepresentation, the Plaintiff needs to rely on it and suffer damages such as financial losses.  There also needs to be a duty of care owed by the Defendant to the Plaintiff. Negligent Misrepresentation falls under tort law. As such, claiming this as a cause of action is available to Plaintiffs where their damages do not flow from a contractual breach. 

Duty of Care

One of the hardest things to prove in negligent misrepresentation cases is that there is a special relationship between the Plaintiff and Defendant.

Here are some indicators that support a special relationship:

  • the person giving advice is an expert
  • the advice is given in a commercial setting
  • it is foreseeable the person receiving the advice would rely upon it
  • the advice was intended to be acted upon and not merely opinion

 

 

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